If you’re facing a serious health issue or need time away from work to care for a loved one, you may be entitled to medical leave under both federal and New Jersey law. Understanding what qualifies for medical leave can help you take action with confidence and ensure your rights are protected during a vulnerable time.
What Qualifies for Medical Leave?
Different from Paid Sick Leave, Medical Leave is meant to protect your job while you focus on recovery or caregiving, without the fear of being fired, demoted, or penalized. Typically, to qualify for medical leave, you will need to be suffering (or recovering) from a serious health condition.
A “serious health condition” may include:
- Chronic illnesses requiring ongoing treatment
- Injuries that require hospitalization or extended recovery
- Conditions that make you unable to perform essential job duties
- Pregnancy and prenatal care
- Mental health conditions requiring inpatient or continuing care
In all cases, your leave must be medically certified. Documentation from a healthcare provider will typically be required to confirm your eligibility.
Medical Leave Under Federal Law
The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. To qualify for federal medical leave, your employer must have at least 50 employees, and you must have worked there for at least 12 months, with at least 1,250 hours logged during that time.
FMLA leave can be used in several situations, including:
- Recovery from a serious health condition
- Caring for a spouse, parent, or child with a serious health condition
- Bonding with a newborn or newly adopted child
- Certain needs related to a family member’s military deployment
Importantly, your employer cannot fire you, demote you, or retaliate against you for taking leave under FMLA. Once your leave ends, you are entitled to return to your job or a comparable position.
Medical Leave Under New Jersey Law
New Jersey offers additional protections and benefits through its Temporary Disability Insurance and Family Leave Act.
- Temporary Disability Insurance provides partial wage replacement if you’re unable to work due to a non-work-related injury, illness, or pregnancy. If eligible, you can receive up to two-thirds of your usual wages during recovery.
- New Jersey Family Leave Act allows up to 12 weeks of job-protected leave to care for a seriously ill family member or bond with a newborn or newly adopted child. This leave applies even if you are not ill yourself.
Both programs require medical certification and have specific eligibility requirements. These benefits often work in tandem with federal FMLA protections.
Can My Employer Retaliate Against Me for Taking Medical Leave?
No. It is illegal for an employer to retaliate against you for taking protected medical leave. That includes being fired, demoted, passed over for promotions, or harassed after requesting or returning from leave. Retaliation is a serious violation of your rights and may form the basis of a legal claim. If you’ve experienced retaliation, call our office for a free consultation with a lawyer.
Protecting Your Rights During Medical Leave
If you’ve been denied leave, pressured to return early, or punished for taking time off, you may have a case. McOmber McOmber & Luber, P.C. helps employees across New Jersey understand their rights and fight back when those rights are violated. Contact our offices in Red Bank, Newark, or Marlton today to speak with an experienced employment attorney about your situation.
